The Zoning Commission recommends conditional approval and adoption of the findings of the review criteria for Special Review 1000.

This is a Special Review request to allow a new bar and casino in a 2,925 square foot addition to an existing 5,730 square foot building. The subject property is located at 840 Shiloh Crossing Blvd (former Rio Sabinas). The applicant is proposing to renovate the building into a bar/tavern/casino and a restaurant with indoor and outdoor seating. 

The Corridor Mixed Use 2 (CMU2) zoning district is similar in intent to Corridor Mixed Use 1 (CMU1), supporting commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. CMU2 differs from CMU1 as it is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along the corridors. Within this district, any business seeking an all-beverage liquor license must obtain Special Review approval to assess potential site-specific impacts and ensure compatibility with nearby land uses.

This particular site is located within an established commercial center, Shiloh Crossing, on the west end of Billings and has previously operated as a restaurant. Currently vacant, the applicant plans to renovate and expand the building to accommodate a restaurant that includes a bar and casino. This proposed use is permitted under the CMU2 zoning and is considered compatible with adjacent land uses.

APPLICATION DATA
OWNERS: John Johnson
AGENT: Mitchell Ostlund, Collaborative Design Architects
PURPOSE: A special review request to allow a new bar and casino 
LEGAL DESCRIPTION: Lot 5C, Block 1 of Shiloh Crossing Sub, Amended
ADDRESS: 840 Shiloh Crossing Blvd.
EXISTING LAND USE: Restaurant (currently vacant) formerly Rio Sabinos
PROPOSED LAND USE: Restaurant with Bar and Casino
EXISTING ZONING: CMU2
SIZE OF PARCEL: 1.7973 Acres. 

SURROUNDING ZONING & LAND USE
NORTH: CMU2 -Corridor Mixed Use 2 
Land Use: Financial institution -First Interstate Bank
SOUTH: CMU2 -Corridor Mixed Use 2
Land Use: Commercial Retail - Time Square Furnishings
EAST: CMU2 -Corridor Mixed Use 2
Land Use: Commercial Retail
WEST: CMU2 - Corridor Mixed Use 2
Land Use: Auto Sales- GMC and Kia dealership

The zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:

The applicant conducted a pre-application neighborhood meeting on March 25, 2025. No surrounding property owners attended the meeting. However, there were other attendees at the meeting. Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff received no communication on the application from the surrounding owners or the public as of writing this report.  

The City Zoning Commission held a public hearing on June 6, 2025. Staff made a presentation regarding Special Review 1000 including its recommendation for conditional approval. The City Zoning Commission had no questions for staff. The applicant then spoke to the Commission regarding his plans. The acting Commission Chair opened the hearing for public comment. There were no public comments. The public hearing was then closed. Commission member Goss asked about Shiloh Commons being an association and maintenance of the roads, parking, and landscaping. The applicant clarified that the lot is owned and they are part of an association for shared items such as landscaping or roads, while maintenance on the lot is the responsibility of the lot owner.  A motion was then made by Commission member Mergorden and seconded by Commission member Goss. The motion then passed 3-0 with commission members Brooks and Mulvaney being absent. 
 

The City Council may take one of the following actions:

• Recommend conditional approval and adoption of the proposed findings, as recommended by Zoning Commission;
• Recommend denial and adopt different findings of the review criteria;
• Delay action of the application until the next regular meeting; or
• Allow the applicant to withdraw the application.

The Planning Division's budget should not be affected by either approval or denial of the requested special review.
 

PROPOSED FINDINGS OF THE REVIEW CRITERIA (27-1623.D and E)

Zoning Commission recommends conditional approval of the requested special review based on the proposed findings of the criteria.

1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
 Essential Investments

• Infill development and development near existing City infrastructure may be the most cost-effective.

The proposed Special Review facilitates the redevelopment of a parcel that previously operated as a restaurant and is now vacant. Located along a key commercial corridor already supported by public infrastructure, the project promotes efficient infill development within the city limits. This approach optimizes the use of existing streets, utilities, and public services, minimizing the need for costly infrastructure expansion.

Strong Neighborhoods

• Neighborhoods that are safe and attractive and provide essential services are much desired.

This redevelopment brings a neighborhood-oriented commercial use to the area, featuring a restaurant, a bar and casino. The site is located within an established commercial node that already provides a range of services. Conditions of approval will help preserve the character of the surrounding area, promoting safety and ensuring a comfortable environment for patrons visiting the site.

Prosperity

• A diversity of available jobs can ensure a strong Billings economy.
• Successful businesses that provide local jobs benefit the community.

The proposed project will add new commercial space, generating short-term construction jobs and long-term employment opportunities within the planned restaurant, bar, and casino. These types of businesses help strengthen the local economy by providing essential, everyday services and fostering economic resilience. The development supports the City’s goals for business growth and job creation, contributing to the continued vitality of the West Billings area.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
The proposed restaurant with a bar and casino has been designed to minimize potential negative impacts on public health, safety, and the general welfare, particularly given its location within an established commercial area. The site layout, traffic circulation, and operational features have been carefully considered to promote compatibility with surrounding uses and ensure safe and efficient site operations. With these site features and appropriate conditions of approval in place, the proposed use can operate in a manner that is not detrimental to the health, safety, or comfort of the surrounding neighborhood and uses.

3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The subject property at 840 Shiloh Crossing Blvd. is approximately 1.797 acres and is zoned Corridor Mixed Use 2 (CMU2). The CMU2 district is intended to accommodate a variety of commercial and mixed-use developments along key corridors and permits bar and casino operation with special review approval. The proposed development, which includes both a restaurant with a bar and casino is consistent with the scale and intent of uses allowed in the district. The site is relatively flat and does not present any known topographical or environmental constraints that would limit development. The development will utilize an existing building and include expansion of the building. The submitted site plan demonstrates compliance with all applicable dimensional standards of the CMU2 zone, height allowance, and landscape buffer but does have nonconforming site characteristics for build-to areas. 

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
The proposed restaurant with a bar and casino is located within the CMU2 zoning district and is surrounded by commercial uses. The use is consistent with the intent of the CMU2 zone, which accommodates commercial uses along transportation corridors to promote development that is comfortably accessible. There is no indication that new development on this property would negatively affect or reduce property values in the surrounding neighborhood.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
The proposed restaurant with a bar and casino is located within the Corridor Mixed Use 2 (CMU2) zoning district, which is designed to accommodate a wide range of commercial and mixed-use developments along key transportation corridors. The proposed project is located within a developed subdivision and will utilize existing city infrastructure like roadways, water and sewer connections. 

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval for this project based on the findings of the review criteria:

1. The special review approval is for an all-beverage license and gambling to be moved into the existing building, and the addition of an outdoor patio, located at 840 Shiloh Crossing Blvd. on Lot 5C, Block 1 of Shiloh Crossing Sub, Amended, a 1.7973-acre parcel of land. No other use is intended or implied.
2. No outdoor music or outdoor public announcement systems will be allowed with this application.
3. Any new lighting on the building or within the parking lot shall have full cutoff shields, so light is directed to the ground and not onto adjacent property. 
4. Lighting of signs shall comply with the City of Billings Zoning Code in place at the time of sign permit application.
5. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building and outdoor seating.
6. All other limitations on expansion shall apply in accordance with the Zoning Code restrictions of the Billings Montana City Code.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Any new construction on the site will follow applicable building codes, engineering standards, and all zoning requirements will be followed.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
There are existing accesses to the site one provided from the interior street off of Shiloh Crossing Blvd. and two from the adjacent parking lot to the south. These accesses will be updated and improved with the development of this parcel.  The City Engineering Division will review any changes or upgrades to these access points. 

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
The proposed development meets all other zoning code requirements, and no variances are needed or required.